التعويض عن الضرر عند تعذر الحصول عليه من المسئول عن الضرر : دراسة مقارنة بين القانون الفلسطيني و الفرنسي و الفقه الإسلامي

الملخص EN

It happens in practical life that a person get damage as a result of the commission of another person to act requires compensation, but damaged can't get his right to compensation for many reasons.

Such as Lack of knowledge the person responsible for damage as a result of his escape.

This reason happens so much in car accidents or because of the insolvency of the responsible for the damage and inability to get compensation or because of lack of knowledge the responsible for the damage, Because of his presence in known group, but he does not know precisely the person who responsible for the damage from among the members of this group.

In such cases, Is the right of damage wasted to get compensation? Through this research I tried to answer this question and offered to how to treat these cases from laws under study through establish guarantee funds, and we have offered solutions adopted by the Fiqh and the judiciary in the molecules that are not regulated by the lawmaker, especially in the case of presence the responsible for damage within the a known group, then we offered our solutions which adopted by Islamic jurisprudence represented in Alqsama as a treatment for this problem.

In addition to jurisprudential views to treat compensation for those affected who the conditions prevent their access to compensate them as in natural disasters, earthquakes, floods and revolutions, through the compensate these people by the state.

Then we offered the opinion of Islamic jurisprudence through establish the house of money for compensation.